Thursday, May 17, 2012

NEW YORK UNEMPLOYMENT INSURANCE - FALSE JOB APPLICATION

A recent Appeal Board decision on the issue is (Mailed and Filed: APRIL 19, 2012) IN THE MATTER OF: Appeal Board No. 561470:

"OPINION:....The credible evidence further establishes that the claimant was discharged because the employer believed the claimant had falsified his job application by failing to disclose his July 28, 2010 arrest and the charges arising therefrom. However, the evidence fails to establish that the claimant's answers on his job application were false. The first question posed to the claimant was whether he had ever been convicted of a criminal offense or violation. The claimant was not convicted of a crime or violation, given that no conviction or guilty plea was ever adjudicated. Notably, the case was adjourned in October and the charge was ultimately dismissed. The second question at issue was whether there were any pending criminal charges. It is undisputed that the only charge against the claimant when he appeared in criminal court in October was disorderly conduct, a violation not a crime. Therefore, the evidence does not establish that a criminal charge was pending. Accordingly, the claimant's answers on his job application were not false and his actions were not misconduct."

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